Earlier this week, Judge Shepherd in Frankfort issued a Permanent Injunction in the University of Louisville Board of Trustees suit. An Injunction is an Order which prohibits an action from taking place. Does this ever happen in divorce or custody cases? Yes.
To obtain an injunction, you must demonstrate that the action affects a legal right and that you would be irreparably harmed if the Court does not prohibit the action from taking place. Further, you must demonstrate that there is no other effective legal remedy.
One of the most frequent Injunctions sought is called a Status Quo Order which prohibits parties from dissipating assets or canceling accounts. When a divorce is filed, Louisville Family Court is authorized to issue a Status Quo Order so that neither party can deny the other access to assets or remove them from accounts.
Injunctions are common in custody actions as well, such an an Order prohibiting a party from removing a child from the Commonwealth. Louisville Family Court will frequently prohibit a child from traveling outside of Kentucky without an agreement or Order.
A well know type of Injunction is a Domestic Violence Order. Once the Court believes that domestic violence occurred and is likely to occur again in the future, then a Domestic Violence Order may prohibit future bad conduct, the Respondent from being within a certain distance of the Petitioner, and, even, the Respondent from continuing to reside in the same home.
There are different stages of Injunctions. The initial stage is called a Temporary Restraining Order. The Court may enter a TRO without a Hearing if the emergency is great enough. The next stage is called a Temporary Injunction. The Temporary Injunction may last up to the point at which Louisville Family Court issues a Permanent Injunction.
If your family is going through a change, please feel free to give me a call. If you are not ready to call, please feel free to learn more at my website or The Louisville Divorce Attorney or The Louisville Divorce Lawyer before we talk. Thanks for reading.